Telecommunications (Consumer Protection and Service Standards) Amendment Act (No. 1) 2000
An Act to amend the Telecommunications (Consumer Protection and Service Standards) Act 1999, and for related purposes
1 Short title
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2 Telecommunications (Consumer Protection and Service Standards) Amendment Act (No.
telecommunications-consumer-protection-and-service-standards-amendment-act.pdf, p.6
2 Commencement
2(1) Commencement
2(2) Commencement
3 Schedule(s)
Schedules for amendment or repeal of specified Acts
1 Subsection 5(2) (paragraph (a) of the definition of universal
telecommunications-consumer-protection-and-service-standards-amendment-act.pdf, p.7
2 Subsection 20(1)
3 Subsection 20(1) (note)
4 Subsection 20(2)
5 Subsection 20(2) (note)
6 After subsection 20(2)
6(2A) After subsection 20(2)
6(2) After subsection 20(2)
Minister must consider relevant factors when making decisions.
Obligation to consider relevant factors.
(2) in relation to a person and an area, the Minister is limited to considering factors that are relevant to achieving the objects of this Act.
Temporal interval within which consideration must occur.
Consideration must occur within a specific temporal interval.
Temporal interval until which consideration must continue.
Consideration must continue until a specific temporal interval.
Information diffusion through consideration.
Consideration leads to information diffusion.
Artificial intelligence facilitates consideration.
Minister's decision-making facilitated by artificial intelligence.
6(2B) After subsection 20(2)
Deemed declaration under subsection (2) that a person is a regional entity.
Declaration under subsection (2) made before or at the same time as this subsection.
Minister not required to make a declaration under subsection (2).
Minister has an obligation to make a declaration under subsection (2).
4 Telecommunications (Consumer Protection and Service Standards) Amendment Act (No.
telecommunications-consumer-protection-and-service-standards-amendment-act.pdf, p.8
4(2C) Telecommunications (Consumer Protection and Service Standards) Amendment Act (No.
Defines commencement dates for areas subject to an agreement.
Specifies a temporal interval for each part of the area.
4(2D) Telecommunications (Consumer Protection and Service Standards) Amendment Act (No.
Minister may make written determination specifying commencement date for area or part of area to which agreement applies.
Requires relation between identifiable temporal intervals for conditional commencement
Conditional commencement requires AllenInterval
sch-1-sec-4-2-ss-2d may require AllenInterval
Classifies Minister's determination as a deontic action
Minister's determination is a deontic action
sch-1-sec-4-2-ss-2d is classified as Deontic
Requires ordered or recurring trace for Minister's determination
Checks validity of Minister's determination
Minister's determination must be valid according to SHACL
Checks consistency of Minister's determination with N3Logic rules
Minister's determination must be consistent with N3Logic rules
7 Subsections 20(4), (5), (6), (7) and (8)
7(4) Subsections 20(4), (5), (6), (7) and (8)
Declaration takes effect on the specified day after declaration is made.
7(5) Subsections 20(4), (5), (6), (7) and (8)
Revocation of declaration takes effect on specified day after revocation is made.
8 Subsection 20(10)
telecommunications-consumer-protection-and-service-standards-amendment-act.pdf, p.9
9 After subsection 20(10)
Notice must be published in Gazette advising of declaration and commencement date.
10 Subsection 21(1)
11 Subsection 21(2)
12 Subsection 21(2) (note)
Automatically becomes a universal service provider for that area if sole regional universal service provider ceases to be so.
13 Subsection 21(5)
Replace 'The universal service provider' with 'A universal service provider'
14 Subsection 22(1)
Amendments relating to the universal service regime
6 Telecommunications (Consumer Protection and Service Standards) Amendment Act (No.
Substitute 'a national universal service provider' for 'the national universal service provider'.
telecommunications-consumer-protection-and-service-standards-amendment-act.pdf, p.10
15 At the end of subsection 22(1)
Add “(or any part of a specified financial year)”.
16 Subsection 22(4)
May use a system for deciding carrier declaration in a particular situation.
17 At the end of subsection 23(1)
18 Subsection 23(4)
May use system for deciding carrier declaration
19 After section 24
24A Former universal service provider may be required to provide
24A(1) Former universal service provider may be required to provide
Former universal service provider must provide services after cessation.
24A(2) Former universal service provider may be required to provide
Current provider may require former universal service provider to provide specified information.
24A(3) Former universal service provider may be required to provide
Former universal service provider must provide information to assist current provider in fulfilling obligations.
Information is part of a larger obligation
24A(4) Former universal service provider may be required to provide
Former provider must comply with reasonable requirements after receiving notice.
8 Telecommunications (Consumer Protection and Service Standards) Amendment Act (No.
telecommunications-consumer-protection-and-service-standards-amendment-act.pdf, p.12
8(5) Telecommunications (Consumer Protection and Service Standards) Amendment Act (No.
The Minister may make a written determination about information that will assist in doing something required or permitted by the provision.
The Minister has the power to make a determination.
8(5A) Telecommunications (Consumer Protection and Service Standards) Amendment Act (No.
Directs a former provider to comply with a requirement or specified aspects of it.
8(5B) Telecommunications (Consumer Protection and Service Standards) Amendment Act (No.
Former provider must comply with direction.
8(5C) Telecommunications (Consumer Protection and Service Standards) Amendment Act (No.
Consider reasonableness of notice requirement when deciding to give a direction.
Consider the reasonableness of the notice requirement.
...whether the requirement is reasonable.
8(6) Telecommunications (Consumer Protection and Service Standards) Amendment Act (No.
Disallowable instrument for section 46A of the Acts Interpretation Act 1901.
20 Subsection 25(1)
Repeal subsection, substitute definition of multiple provider situation
21 Subsection 25(2)
Authorises Minister to declare effect of Act on provider in multiple provider situation.
22 Subsection 25(2)
23 Subsection 25(3)
Replace 'this section' with 'regulations referred to in subsection (2)'
24 Subsection 25(4)
Substitute providers in a multiple provider situation
telecommunications-consumer-protection-and-service-standards-amendment-act.pdf, p.13
25 Subsection 26(1)
26 Subsection 26(2)
27 Subsection 26(2)
28 Subsection 26(3)
29 Subsection 26(4)
30 Subsection 26A(1)
Insertion of 'or carriage service provider' after 'carrier'
31 Subsection 26A(1) (note)
32 Subsection 26A(2)
33 Subsection 26A(2) (note)
10 Telecommunications (Consumer Protection and Service Standards) Amendment Act
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34 After subsection 26A(2)
34(2A) After subsection 26A(2)
34(2) After subsection 26A(2)
35 Subsections 26A(4), (5), (6) and (7)
35(4) Subsections 26A(4), (5), (6) and (7)
Declaration takes effect on specified day after declaration is made.
35(5) Subsections 26A(4), (5), (6) and (7)
Revocation takes effect on the specified day after revocation is made.
(5) A revocation of a declaration under subsection (1) or (2) takes effect on the day specified for the purpose in the instrument of revocation.
[day: specified, type: future] meets [day: specified, type: past]
[day: specified, type: future] holds [day: specified, type: past]
[day: specified, type: future] diffuses [day: specified, type: past]
36 After subsection 26A(8)
Declaration ceases if carriage service provider ceases to be non-carrier.
37 Before subsection 26C(1)
38 Subsection 26C(1)
Replace 'carriers' with 'eligible persons'
39 At the end of subsection 26C(1)
telecommunications-consumer-protection-and-service-standards-amendment-act.pdf, p.15
40 Subsection 26C(2)
Substitute 'eligible person' for 'carrier'
41 Paragraphs 26C(2)(a) and (b)
Omit 'carrier's', substitute 'person's'.
42 Subsection 26C(4)
May use a system for deciding eligible persons in a particular situation.
43 Before subsection 26D(1)
44 Subsection 26D(1)
Substitute 'eligible persons' for 'carriers'
45 At the end of subsection 26D(1)
46 Subsection 26D(2)
47 Paragraphs 26D(2)(a) and (b)
48 Subsection 26D(4)
Allow Minister to use system for deciding eligible Schedule 1 Amendments
12 Telecommunications (Consumer Protection and Service Standards) Amendment Act
Decision-making basis for declaring a person under subsection 26A(2) in a particular situation.
telecommunications-consumer-protection-and-service-standards-amendment-act.pdf, p.16
A person can make decisions on some other basis
It is permitted to make decisions on some other basis
49 After section 26E
26F Former digital data service provider may be required to
26F(1) Former digital data service provider may be required to
Former digital data service provider may be required to continue providing services.
Declaration takes effect at the time of cessation or within 6 months
Former provider must continue providing services
Former provider must continue providing services for a period of at least 6 months
Former provider must continue providing services for a period of less than or equal to 6 months
Definition of digital data service provider
Declaration refers to a person who is a digital data service provider for some or all of the relevant area
Former provider must continue providing services for the same area
26F(2) Former digital data service provider may be required to
Current provider may require former provider to provide specified information.
The current provider may require the former provider to provide specified information.
26F(3) Former digital data service provider may be required to
Former digital data service provider must provide information to assist in fulfilling obligations.
26F(4) Former digital data service provider may be required to
Former digital data service provider must comply with reasonable requirements.
as soon as practicable after receiving the notice
Obligation to comply with reasonable requirements
Obligation not to comply with unreasonable requirements
26F(5) Former digital data service provider may be required to
The Minister may make a written determination to assist a person in doing something.
26F(5A) Former digital data service provider may be required to
Former provider must comply with requirement or specified aspects of it.
26F(5B) Former digital data service provider may be required to
26F(5C) Former digital data service provider may be required to
26F(6) Former digital data service provider may be required to
Disallowable instrument for section 46A of the Acts Interpretation Act 1901
50 Subsection 27(2)
telecommunications-consumer-protection-and-service-standards-amendment-act.pdf, p.17
14 Telecommunications (Consumer Protection and Service Standards) Amendment Act
Substitute 'a universal service provider' for 'the universal service provider'
telecommunications-consumer-protection-and-service-standards-amendment-act.pdf, p.18
Imposes an obligation on the legislative body to make the substitution
51 Section 28
Omit 'the universal service provider' and substitute 'a universal service provider'.
51A After paragraph 32(1)(a)
Plan addresses needs of people with a disability
Duty to address needs of people with a disability
Obligation to address needs of people with a disability
Temporal relationship between plan and addressing needs of people with a disability
Addressing needs of people with a disability during the plan's implementation
Implication between plan and addressing needs of people with a disability
Addressing needs of people with a disability implies the plan's effectiveness
Diffusion of information between plan and addressing needs of people with a disability
Addressing needs of people with a disability diffuses through the plan's implementation
Recognition by AI system between plan and addressing needs of people with a disability
Addressing needs of people with a disability recognized by the AI system
51B At the end of section 32
52 Paragraph 34(1)(a)
53 Subsection 34(3)
54 Paragraph 35(1)(b)
55 Subsection 38(2)
Substitute 'concerned' for 'for the area'
56 Section 39
57 Subsection 41(1)
Replace 'the universal service provider' with 'a universal service provider'
58 Paragraph 43(2)(b)
59 Subsection 49(1)
Universal service provider must apply this section if certain conditions are met.
telecommunications-consumer-protection-and-service-standards-amendment-act.pdf, p.19
60 Subsection 49(2)
Modify time frame for financial year reporting
61 Paragraph 49(2)(a)
62 After subsection 49(2)
Notice must not be given more than 45 days after the end of the financial year concerned.
Prohibition on giving notice more than 45 days after the end of the financial year concerned.
63 Subsection 50(1)
Substitute ACA with a conditional reference to subsection (1A)
Imposes a duty on the state to substitute ACA with a conditional reference
64 After subsection 50(1)
Conditional commencement of a notice given under section 49 if the 60 day period ends more than 75 days after the end of the financial year concerned.
16 Telecommunications (Consumer Protection and Service Standards) Amendment Act
Comply with section within 75 days after the end of that financial year.
telecommunications-consumer-protection-and-service-standards-amendment-act.pdf, p.20
65 Subparagraph 50(2)(b)(i)
66 Subsection 51(1)
Universal service provider must comply with this section.
67 Paragraph 51(2)(a)
68 Before paragraph 57(1)(a)
Person's net universal service cost for the financial year is determined by a specific amount or method.
69 Paragraphs 57(1)(a), (b), (c) and (d)
Omit “if:” and substitute “if paragraph (aa) does not apply and:”.
70 After subsection 57(1)
70(1A) After subsection 57(1)
The Minister must provide advice to the ACA about proposed determinations and some variations of determinations.
The Minister must provide advice to the ACA.
70(1B) After subsection 57(1)
Determination has effect for a year regardless of when made.
...it has effect for the year whether it was made before or during the year...
(a) it has effect for the year whether it was made before or during the year...
...it does not have effect for the year and a particular person if it was made after the making of an assessment under section 64 covering the financial year and the person.
Determination has no effect for a year if made after assessment.
(b) it does not have effect for the year and a particular person...
...it was made after the making of an assessment under section 64 covering the financial year and the person.
Determination has effect for up to 3 successive financial years.
(1B) A determination under subsection (1A) may be expressed to cover...
...it purports to cover: a single financial year or up to 3 successive financial years.
70(1C) After subsection 57(1)
70(1D) After subsection 57(1)
Publish a copy of a determination in the Gazette.
A copy of a determination under subsection (1A) must be published in the Gazette.
The State MUST publish a copy of a determination in the Gazette.
The publication CONTAINS the temporal interval from the date of the determination to the date of publication.
The publication SPREADS_TO all interested parties.
The publication IS RELEVANT_TO the development and application of artificial intelligence.
The publication IS A requirement for a determination under subsection (1A).
70(1E) After subsection 57(1)
Variation of determination under subsection (1A) has effect for the year or each of the years to which it purports to apply.
Temporal interval overlaps with the year or each of the years to which it purports to apply.
18 Telecommunications (Consumer Protection and Service Standards) Amendment Act
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18(1F) Telecommunications (Consumer Protection and Service Standards) Amendment Act
Minister must seek advice from ACA before making or varying a determination.
Minister has an obligation to seek advice from ACA.
18(1G) Telecommunications (Consumer Protection and Service Standards) Amendment Act
The ACA must comply with a direction under paragraph (1F)(a).
18(1H) Telecommunications (Consumer Protection and Service Standards) Amendment Act
Minister's powers under section 486 of the Telecommunications Act 1997 are not limited by subsection (1F)
Section 486 of the Telecommunications Act 1997
Section 486 of the Telecommunications Act 1997 does not imply limitation on Minister's powers
Minister's powers under section 486 of the Telecommunications Act 1997
Section 486 of the Telecommunications Act 1997 implies that Minister's powers are not limited by subsection (1F)
18(1J) Telecommunications (Consumer Protection and Service Standards) Amendment Act
Publish reasons for departing from advice within 14 days and lay copies before Parliament.
71 Subsection 57(2)
72 At the end of subsection 57(2)
Grant under section 56 or 57 of the Telstra Corporation Act 1991 must not be taken into account.
telecommunications-consumer-protection-and-service-standards-amendment-act.pdf, p.23
73 Paragraph 57(3)(a)
74 Subsection 57(4)
Substitute 'universal service provider' for 'carrier'
75 At the end of subsection 57(9)
Grant under section 56 or 57 cannot be taken into account
76 Subsection 57(22)
77 At the end of subsection 60(1)
Grant must not take into account a grant made under section 56 or 57 of the Telstra Corporation Act 1991.
78 After section 61
61AA Grant under section 56 or 57 of Telstra Corporation Act 1991
Grant under section 56 or 57 of Telstra Corporation Act 1991 cannot be taken into account for certain purposes
Prohibition of taking grant into account
20 Telecommunications (Consumer Protection and Service Standards) Amendment Act
The ACA must provide advice to the Minister on certain matters.
telecommunications-consumer-protection-and-service-standards-amendment-act.pdf, p.24
The ACA must provide advice to the Minister.
79 Subsection 109(1)
80 Subsection 109(3)
81 Definitions
Definitions for amended Act, commencement, and old Act.
telecommunications-consumer-protection-and-service-standards-amendment-act.pdf, p.25
82 New subsection 20(2B)
Applicability of subsection 20(2B) to agreements made before, on, or after commencement.
83 New subsections 20(4) and (5) and old subsections 20(5)
Applicability of old and new subsections of Act 20(4) and (5)
22 Telecommunications (Consumer Protection and Service Standards) Amendment Act
telecommunications-consumer-protection-and-service-standards-amendment-act.pdf, p.26
84 New subsections 26A(4) and (5) and old subsections
Commencement provisions for declarations under subsections 26A(4) and (5)
Subsections apply to declarations made before, on or after commencement
Subsection 26A(4) of the amended Act applies in relation to declarations referred to in that subsection that are made on or after the commencement.
Subsection 26A(5) of the amended Act applies in relation to declarations made before, on or after the commencement.
Old subsections continue to apply to certain declarations
Subsection 26A(4) of the old Act continues to apply in relation to a declaration made before the commencement as if the subsection had not been repealed.
Subsection 26A(5) of the old Act continues to apply to a revocation made before the commencement as if the subsection had not been repealed.
If subsection 26A(6) or (7) of the old Act applied to 2 declarations (an original declaration and a fresh declaration) made before the commencement, but the fresh declaration had not taken effect, and the original declaration had not ceased to have effect, under that subsection by the commencement, that subsection continues to apply to those declarations as if it had not been repealed.
Subsection 26A(6) or (7) of the old Act applies to 2 declarations (an original declaration and a fresh declaration) made before the commencement
85 New section 61AA
Section applies in relation to financial year of commencement and later financial years.